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Associate Article


Liquidated damages: Supreme Court Overturns Court of Appeal 

October  2021

Calculating the costs for delay - damages for pre and post-termination delay to be treated differently

Triple Point Technology, Inc -v- PTT Public Company Ltd [2019] EWCA Civ 230

In the recent Supreme Court Decision of Triple Point, the Supreme Court disagreed with the judgment of the Court of Appeal as to whether liquidated damages for delay occurring prior to termination could be claimed from the contractor where the contractor’s works were incomplete at the time of termination by the employer. This recent decision of the Supreme Court on the law that is applicable to construction contracts is essential reading for those who: negotiate contracts; and make decisions on the termination of contractors from site.

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